ASA’s Boycotting Israel

It’s anti-Semitic and also illegal.

Last week, the American Studies Association’s (ASA) national council, unanimously passed a resolution calling for the boycott of Israeli academic institutions. The ASA, which bills itself as the “oldest and largest association devoted to the interdisciplinary study of American culture and history,” seem to have overlooked one small matter – a boycott resolution of this nature violates international, federal and state law in the United States. They leave the ASA and its membership open to both civil and criminal liability.

It is highly disturbing that an association of professors and academics could believe that a one-sided resolution targeting only the Jewish State would in any way assist in bringing peace to our region. It is sickening that an organization which claims to be liberal and progressive should undertake the types of boycotts that American Jewish groups like the Wiesenthal Center and ADL have labelled as anti-Semitic. Moreover, it is nothing short of ironic that the ASA, which claims it ‘represents divergent opinions,’ would actively choose to exclude such voices.

Israel’s centers of higher learning are also key areas in which Jews, Muslims and Christians work and live side by side, united by academic advancements.

Even more ludicrous is the resolution’s suggestion that Israel’s academia is anything but free to engage, and well versed, in the vocal criticism of government policy – from all sides of the political spectrum. Israel’s centers of higher learning are also key areas in which Jews, Muslims and Christians work and live side by side, united by academic advancements – a fact that begs even greater questions of the desire to silence their voices.

Perhaps most disturbing, however, is that the target of such a boycott would be the academic institutions of Israel – a harrowing echo of the darkest moments of modern history.

Indeed, it is nothing but sad that an organization founded by Dr. Carl Bode, an individual who served his country against the Nazis and their allies, should now be pursuing a policy of singling out the Jewish State.

However, all of this emotive and logical reasoning aside, the proposed boycott is not merely unethical but unlawful as well, and those who adopt such a policy are opening themselves to both civil and criminal prosecution.

The ASA scholars would do well to read up on some of the wide-range of anti-boycott legislation of which their proposed resolution and policy would seem to run afoul. Most local jurisdictions in the United States have passed laws that outlaw boycotts such as the ASA’s. As an example, the law in New York, where so many ASA members reside and work, defines boycotts as “unlawful discriminatory practice” and, that any decision to “refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of… creed… [or] national origin”, is unlawful and even places secondary actors, aiding the policy, under liability. Even calling for or inciting a boycott against someone because they are Israeli could subject you to criminal prosecution.

The New York State Legislature has decided — correctly — that discriminatory boycotts aimed at a sovereign nation and its nationals are not to be tolerated. Then-Governor Carey, upon signing the legislation that created this anti-boycott framework wrote “that no nation or person is welcome to do business in this state, if that business is accompanied by… bigotry.” How many ASA members are salaried employees of state universities and city owned colleges?

In addition, the Ribicoff Amendment to the Tax Reform Act of 1976 also makes it a federal violation to “participate in or cooperate with an international boycott.” Moreover, anti-boycott legislation under the Export Administration Regulations (EAR) specifically protect against the use of boycott – unsanctioned by the United States – in the sale, purchase, or transfer of goods or services (including information) within the United States or between the U.S. and a foreign country. The law was in fact set up specifically to prevent U.S. companies being targeted by the Arab boycott of Israel.

I would also advise the ASA professors to read the International Convention On The Elimination Of All Forms Of Racial Discrimination which the United States ratified on October 21, 1994.

The term used for the boycott in the anti-boycott laws, both domestic and international, is very simple; discrimination, and that is exactly what it is. To deny someone a voice because of their nationality is discrimination, indeed racism. To target only Israeli professors and colleges without considering the racist hate, violence and anti-Semitic incitement that permeates and infests Palestinian academic institutions displays a political illiteracy that should shame these professors.

Shurat HaDin — the Israel Law Center, is a non-governmental organization that brings together a network of lawyers from across the world to prosecute institutions, governments and private companies responsible for abusing the human rights of Jews, Israelis and others.

In the United States this has resulted in the awarding of over a billion dollars by the US courts to the families and victims of terror, with billions of dollars more to be claimed.

The implementation of a boycott of Israel’s academics is as illegal as it is morally repugnant.

Such a boycott and the intended curtailing of the academic freedom of Israelis and others who study in Israeli academic institutions would be high on our list of priorities. Indeed, only recently, in Australia we brought a case under the Racial Discrimination Act against a professor at the University of Sydney who voiced support for boycotting Israel.

The members of the ASA need to school themselves on the legality of their proposed anti-Israel boycott before they further embarrass themselves. The implementation of a boycott of Israel’s academics is as illegal as it is morally repugnant, and we will not hesitate in seeking all legal avenues against those who employ discrimination against the Jewish State in this way.

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About the Author

Nitsana Darshan-Leitner is an Israeli civil rights attorney and the founder of the Shurat HaDin – Israel Law Center, an Israeli based civil rights organization which legally holds to account terrorist organizations and the regimes that support them. They are also dedicated to combating discrimination against Israel through the boycott and 'lawfare' campaigns.

Visitor Comments: 41

(39)
Joseph Apicella,
January 16, 2014 8:42 PM

Why do gentiles look at the AISH website

The search for truth. We are not trying to become Jewish, but we respectfully listen to ourJewish friends. Maybe we learn something. I have no respect for any educational association who does not seek truth, wherever they may find it. Are there no Jews in German Universities? I know there are Germans in Israeli Universities. The ASA offends all who seek truth. If the ASA has found the truth then I would avoid them like the plague.

(38)
Ike Semaya,
December 24, 2013 4:59 AM

ASA is lying.

The ASA has no knowledge of history. If they know history then this boycott is an out and out Anti-semetic action. This is also against US federal Law.

(37)
Anonymous,
December 20, 2013 11:04 PM

boycott

that an institute that stands for knowledge and teaching should be so hateful and so misinformed not just on history of Israel and what actually goes on there but to not know what they do is criminal and hateful only says to me we are breeding ignorant and illiterate people in this world today.

(36)
marc,
December 20, 2013 9:18 PM

tangential thinking

So called academics and men who claim to be some of the self recognized thinkers in the current American Culture have once again hopped aboard the US Tangential. A sharp left, and you may find them swilling the Kool-Aid and partaking of the latest progressive nouvelle cuisine. I would caution these 'thinkers' that critical thinking is based on observable objective facts, not personal opinions.

(35)
David Nwedu,
December 20, 2013 12:09 PM

ASA has missed it

United States is an efficient train run aground. United States missed it long ago and this is just the off shoot of their many weird policies. Nothing in the current ASA’s resolution eliminates the fact that Israeli institutions are still leading centers of excellence for any discerning scholar. Boycott or no boycott Israeli Institutions it is.

(34)
samuel,
December 20, 2013 12:00 PM

support Isreal

Israeli is not racist and should not be boyycotted

(33)
Anonymous,
December 20, 2013 11:35 AM

Go get them!!

I sincerely hope that you meant what this article said and will be pursuing legal action against the ASA. The fact that they even feel like they have the right to do this is very frightening.

(32)
David Waldman,
December 20, 2013 4:24 AM

The ASA is a collection of morons and imbeciles if they can't realize what damage they are doing.

The one line summary says it all.

(31)
Nory samuel,
December 20, 2013 12:51 AM

I hope and trust that you will proceed with legal action you mentioned.

I am very pleased with so much detailed information, very we'll put. Thank you, Nory

(30)
William McDill,
December 20, 2013 12:23 AM

Acadamia is totally in the hands of Marxists

Whatever nostalgia Jews have for the Left should be rinsed off by this action. The Left IS NOT you friend.

(29)
MGVet,
December 19, 2013 11:49 PM

What idiotic thinking

This is typical American Liberal Ideology at its best.

(28)
Marina Cunningham,
December 19, 2013 11:08 PM

ASA's boycott if Israeli academy is malicious and corrupt

I join many others in condemning the actions of ASA, As an academic, I am ashamed that an American academic organization and its members are involved in this act of hatred and anti-semitism. Moreover, it is illegal.

Anonymous,
December 21, 2013 5:42 AM

SAD THAT THE LEFT HAS BEEN INFILTRATED

REMINDS ME OF THE BOYCOT OF JEWISH BUSINESS 7 academics by the Nazies. For Zion's sake I WILL NOT REST. AND HE CAN'T

Kenan Moss,
December 22, 2013 5:55 PM

The "lefts" conceptual confusion

Conceptually we contrast Idealism and Empiricism. Politically, Fascism and Humanism. Idealism springs from Rousseau and passes through Nietzsche, Schopenhauer and Fichte and ends at the gates of Auschwitz. It is in essence anti-rational and ascientific. Empiricism passes from Locke through Hume and list of thinkers to men like Russell: it is Humanistic and in essence rational and scientific. It's not warm and cuddly like Linus' comforter but, it hasn't as yet led to any gas chambers.

(27)
Charles L. Richman,
December 19, 2013 11:06 PM

For: BDS Advocates---Do Not use

SO YOU WANT TO BOYCOTT, DIVEST IN OR SANCTION ISRAELI PRODUCTS THEN DON'T BUY OR USE:.The PillCam that detects blockages or other problems in the intestine and esophagus. TA Count-A Real-Time Microbiology for the Detection of Harmful Microorganisms in pharmaceuticals, food and drink. Mazor Robotics’ Spine is a procedure that requires less & radiation.Optical Heartbeat Monitor---a fast and accurate camera with a small laser to assess patients heart health. IItamar’s Medical Watch Pad---Diagnose & treat sleep apnea. EarlySense--Don't use this cardiac monitor of your loved ones heart rate & respiration. BabySense is a non-touch, no radiation device designed to prevent crib deaths by monitoring breathing. AIDS treatment that destroys HIV-infected cells without affecting healthy cells. No, No to Salvarsan for the treatment of Syphilis or the Wasserman Test for the diagnosis of Syphilis diagnostic tool. An Israeli company, Nano Retina, created the artificial retina to restore sight. Insulin for diabetes treatment, thus it should never be used..Israel“s Save a Child’s Heart program, performs free open heart surgery on underprivileged children around the world. NOTE: Don't allow seriously ill children and adults from Gaza and the West Bank any more treatment in Israeli hospitals. Drs. Weil and Widal discovered this pain killer Novocain. BDS advocates do not let your child take the Diphtheria treatment Schick vaccine or the anti-Polio vaccine. Jonas Salk. Dr. Zalman Waxman invented the drug Streptomycin for the treatment of Tuberculosis---using it is a ‘no', 'no'. An Israeli company has developed RE-WALK, an upright walking assistance tool enabling paraplegics to stand, walk, and climb stairs.Do not use Chloral Hydrate when you have uncontrollable convulsions, BDS ADVOCATES: DO NOT BUY---BE TRUE TO YOURSELF SINCE ALL THE ABOVE WERE INVENTED IN ISRAEL OR BY JEWISH SUPPORTERS OF ISRAEL.

(26)
Roch,
December 19, 2013 10:07 PM

look at yourself!

Look at yourself America and all the other countries who lives in the 'safety' of her own violence imposed upon so many others is not one to talk or condemn others.

(25)
Chris,
December 19, 2013 8:57 PM

Lets hope that ASA will "wake up" and retract

An excellent, well focused article. I have now read several op-eds regarding ASA's repugnant action and have found no one favoring their position. It is time for their members to get back to the fundamental process of educating our young men and women who remain stranded in the liberal meanderings that evidently have also driven ASA to this mistaken deed.

(24)
Zlatan Kalajžić,
December 19, 2013 7:42 PM

They may be embarrassed!

(23)
Hilel Salomon,
December 19, 2013 7:17 PM

How many American Jews voted for this resolution?

The sad news is that among young Jews there is a growing sense of inconvenience concerning Israel. They disregard the internecine violence among Palestinians, the incredible intolerance toward different views in the Muslim world, the treatment of women and penchant for violence. Ultimately, these same people who bleed for others won't lift a finger for their own people. Distancing themselves from Israel will be followed by distancing themselves from other Jews. This is especially true in academics.

(22)
Rachel,
December 19, 2013 6:42 PM

United Church of Canada's boycott....

Something needs to be done about this also - the UCC is a national disgrace in their perpetration of lies against Israel.

(21)
Betty,
December 19, 2013 6:31 PM

More than illegal

Interestingly, the ASA and the other academic boycotts of Israel don't take into consideration that Israel 1) Allows Arab Israelis (also Palestinians) to attend their universities 2) Provides jobs and health benefits, which the Palestinians do neither 3) Provides housing 4) and has Arab Israelis serve in the Knesset. So this is just plain anti Jewish. Let them boycott and the loss of jobs will hurt the Arabs in Israel. AND LET EVERY JEWISH AMERICAN STOP GIVING ANY DONATIONS TO OUR AMERICAN UNIVERSITIES!

(20)
D. Hebb,
December 19, 2013 5:43 PM

ASA Boycott

I pray for Israel and her covenant peoples. I pray for G-d to open the closed minds and hearts of those who seek to destroy her as a nation. May this newest development be resolved peacefully. My prayers are for wisdom, justice, and strength as Israel goes forward with overturning this disgraceful action against her. Shalom

(19)
Gloria,
December 19, 2013 5:35 PM

Sue the ASA Members

Thank you for this informative article. I'm an academic myself and am appalled at the ASA boycott resolution. It is ironic that the organization seems to be unaware of the legal ramifications of its boycott resolution, especially since its members claim to study American history! A lawsuit or several lawsuits would help "clarify" the thinking of the obviously ignorant academics who are members of the ASA.

(18)
Henry Brown,
December 19, 2013 5:29 PM

Thanks for leading the way with these anti-social types.

Thanks for leading the way with these anti-social types.

(17)
Eliezer,
December 19, 2013 5:15 PM

Let's start the lawsuits!

With all the frivolous lawsuits that plague our country and we see people win, we should take this prime opportunity and take their money and give it to yeshivot that need it Israel. Then they will realize that their efforts are meaningless against HaShem.

(16)
Bobby5000,
December 19, 2013 4:57 PM

Where were these people when Jews were the victim

This group lacks the moral legitimacy to complaint. While Jews were being murdered in the 30's, and and women and children brought to death camps, and all forms of speech supressed, this and similar groups said nothing. While Jews have been and continue to be denied basic civil rights in Arab countries, they said, we don't care, stop bothering us with such triviality.

Note Johns Hopkins Press sponsors their publication and a list of directors at the University is online. Assume this association is correct, then it is appropriate to direct comment to them.

(15)
Anonymous,
December 19, 2013 4:28 PM

Great article and sickening to read what American professors did

How could American professors and teachers who are supposed to keep up on news know that Israel does not kill its citizens but Arab neighbors do. It does not matter if they are Jews, Christians, or Moslems who live in Israel.

(14)
Stellar1,
December 19, 2013 4:26 PM

ASA? NO - AASA - ANTI-American Studies Association

ASA? NO - AASA - ANTI-American Studies Association.Shame is the name

(13)
Abigale,
December 19, 2013 4:20 PM

Well said!

Very well said! It is absolutely appalling to me that a supposed “enlightened” academic organization would take such a stand that is basically predicated upon falsehoods. It boggles the mind how Israel is being vilified left and right in the United States. I agree with Netanyahu’s statement, and I am paraphrasing, that if the Arabs would put down their weapons, then there would be peace, but if Israel put down their weapons, then there would be no Israel.

(12)
Shoshana- Jerusalem,
December 19, 2013 4:18 PM

don't share with them

Israel is the leader in up-start companies, and technological advances. Any country who boycotts us should not be given any of our products an let's see how they can manage without us.

(11)
Bill,
December 19, 2013 4:11 PM

Not everyone in America is anti-Israel

I pray that our Heavenly Father supports Israel and let our true allie and long time friend in the Middle East understands that many more in America loves and supports Israel. I have personally increased my financial supports and purchase of products that are made in Israel. I will never turn my back on our only true friends in Israel, never, for I will honor and respect His commandments and His Holy Scriptures. For His Chosen people and His promise land, my love in spirit and my love for Israel is true and loyal. We must remember that His Will, will be done and nothing that mankind can, or will do, will prevent Israel from being free and independent. I prefer to honor, respect and to love His words. Shalom Israel and remember, that many more Americans support Israel then those who do not. We will stand together now and forever, Shalom Israel.

(10)
Anonymous,
December 19, 2013 4:07 PM

Hypocrites & Cowards

as unfortunately in the US now the self-labeled liberals & Progressives are neither. they have some strange inconsistent standards. Do they boycott India & Pakistan over Sikhs,Muslim countries over Christians & Kurds? or Iran over Zoroastrians, Bahias, etc Of course not, it only against Jews. Is it simple anti-semitism or self-inferiority complex or both

(9)
Anonymous,
December 19, 2013 4:05 PM

Donate to Stop the ASA

I would like to donate to a legal fund to sue the ASA and its members on this issue. How can I do so?

(8)
divided we fall,
December 19, 2013 3:55 PM

If you go to their website you will see that they did not vote unanimously. They also explained that even Israeli scholars agreed with the boycott. Truth is if we can't get our own people on the same page about excepting each other i.e. Orthodox reform and how in the world can we expect the rest of the world to accept us? we're doing this to our own selves. it's time for Jews to stand united

(7)
Alexander Polsky,
December 19, 2013 3:52 PM

ASA boycott

The article says that "an organization which claims to be liberal and progressive should undertake the types of boycotts that American Jewish groups like the Wiesenthal Center and ADL have labelled as anti-Semitic." Well, it is precisely BECAUSE it is liberal and progressive it is also anti-Semitic.. On this level, the liberals connect with extreme right, muslim terrorists and a like.

(6)
Anonymous,
December 19, 2013 3:51 PM

Boycott US?

The real problem in of its self is not who "we" are,but the real problem is us.Yes I do mean us.Look who we support in national,and sometimes local elections.For all intensive purposes,we try to hide our jewish identity.Yes we supllyllyport "jewish" causes,but also support groups that openly are anti-semetic in nature.When you see "BUBBIES FOR -----,instead of trying to be fair minded,then what can you expect?Even today in our country,we really do not wholly support jewish elderly,jewish mentally ill,and(and)perish the thought,jewish poor.We used to think in the Torah way,and first for our community,but alas no more.Divide and conquer is our new role in our mist,sadly.

(5)
Rebecca Solomon,
December 19, 2013 3:51 PM

I never heard of this organization.

I hope they will be forced to withdraw their ridiculous boycott. God bless Israel!

(4)
Jacob Theodore,
December 19, 2013 3:48 PM

Hey, I was in the ASA

Of course, in those days Jack Anderson always referred to us as the 'Super Secret Army Security Agency'. Like any good spook agency we didn't exist then and we exist even less now. Or are you going to tell me some lame cover story, like "The ASA acronym means American Studies Association"? Yeah, that's it, please don't blow our cover.

(3)
Ya'aqov Abrams,
December 19, 2013 3:40 PM

woe to those who raise the ire of Shurat HaDin

Baruch HaShem for Shurat HaDin!

(2)
Anonymous,
December 19, 2013 3:33 PM

ASA

A stupid association who is racist and out of touch with humanity.

(1)
Joel Monkarsh,
December 19, 2013 3:29 PM

Boycott of Israel

It's hardly surprising given hypocrisy of similar organizations. It is rather bizarre, however, since many of the organization's members are Jewish.

I just got married and have an important question: Can we eat rice on Passover? My wife grew up eating it, and I did not. Is this just a matter of family tradition?

The Aish Rabbi Replies:

The Torah instructs a Jew not to eat (or even possess) chametz all seven days of Passover (Exodus 13:3). "Chametz" is defined as any of the five grains (wheat, spelt, barley, oats, and rye) that came into contact with water for more than 18 minutes. Chametz is a serious Torah prohibition, and for that reason we take extra protective measures on Passover to prevent any mistakes.

Hence the category of food called "kitniyot" (sometimes referred to generically as "legumes"). This includes rice, corn, soy beans, string beans, peas, lentils, peanuts, mustard, sesame seeds and poppy seeds. Even though kitniyot cannot technically become chametz, Ashkenazi Jews do not eat them on Passover. Why?

Products of kitniyot often appear like chametz products. For example, it can be hard to distinguish between rice flour (kitniyot) and wheat flour (chametz). Also, chametz grains may become inadvertently mixed together with kitniyot. Therefore, to prevent confusion, all kitniyot were prohibited.

In Jewish law, there is one important distinction between chametz and kitniyot. During Passover, it is forbidden to even have chametz in one's possession (hence the custom of "selling chametz"). Whereas it is permitted to own kitniyot during Passover and even to use it - not for eating - but for things like baby powder which contains cornstarch. Similarly, someone who is sick is allowed to take medicine containing kitniyot.

What about derivatives of kitniyot - e.g. corn oil, peanut oil, etc? This is a difference of opinion. Many will use kitniyot-based oils on Passover, while others are strict and only use olive or walnut oil.

Finally, there is one product called "quinoa" (pronounced "ken-wah" or "kin-o-ah") that is permitted on Passover even for Ashkenazim. Although it resembles a grain, it is technically a grass, and was never included in the prohibition against kitniyot. It is prepared like rice and has a very high protein content. (It's excellent in "cholent" stew!) In the United States and elsewhere, mainstream kosher supervision agencies certify it "Kosher for Passover" -- look for the label.

Interestingly, the Sefardi Jewish community does not have a prohibition against kitniyot. This creates the strange situation, for example, where one family could be eating rice on Passover - when their neighbors will not. So am I going to guess here that you are Ashkenazi and your wife is Sefardi. Am I right?

Yahrtzeit of Rabbi Moses ben Nachman (1194-1270), known as Nachmanides, and by the acronym of his name, Ramban. Born in Spain, he was a physician by trade, but was best-known for authoring brilliant commentaries on the Bible, Talmud, and philosophy. In 1263, King James of Spain authorized a disputation (religious debate) between Nachmanides and a Jewish convert to Christianity, Pablo Christiani. Nachmanides reluctantly agreed to take part, only after being assured by the king that he would have full freedom of expression. Nachmanides won the debate, which earned the king's respect and a prize of 300 gold coins. But this incensed the Church: Nachmanides was charged with blasphemy and he was forced to flee Spain. So at age 72, Nachmanides moved to Jerusalem. He was struck by the desolation in the Holy City -- there were so few Jews that he could not even find a minyan to pray. Nachmanides immediately set about rebuilding the Jewish community. The Ramban Synagogue stands today in Jerusalem's Old City, a living testimony to his efforts.

It's easy to be intimidated by mean people. See through their mask. Underneath is an insecure and unhappy person. They are alienated from others because they are alienated from themselves.

Have compassion for them. Not pity, not condemning, not fear, but compassion. Feel for their suffering. Identify with their core humanity. You might be able to influence them for the good. You might not. Either way your compassion frees you from their destructiveness. And if you would like to help them change, compassion gives you a chance to succeed.

It is the nature of a person to be influenced by his fellows and comrades (Rambam, Hil. De'os 6:1).

We can never escape the influence of our environment. Our life-style impacts upon us and, as if by osmosis, penetrates our skin and becomes part of us.

Our environment today is thoroughly computerized. Computer intelligence is no longer a science-fiction fantasy, but an everyday occurrence. Some computers can even carry out complete interviews. The computer asks questions, receives answers, interprets these answers, and uses its newly acquired information to ask new questions.

Still, while computers may be able to think, they cannot feel. The uniqueness of human beings is therefore no longer in their intellect, but in their emotions.

We must be extremely careful not to allow ourselves to become human computers that are devoid of feelings. Our culture is in danger of losing this essential aspect of humanity, remaining only with intellect. Because we communicate so much with unfeeling computers, we are in danger of becoming disconnected from our own feelings and oblivious to the feelings of others.

As we check in at our jobs, and the computer on our desk greets us with, "Good morning, Mr. Smith. Today is Wednesday, and here is the agenda for today," let us remember that this machine may indeed be brilliant, but it cannot laugh or cry. It cannot be happy if we succeed, or sad if we fail.

Today I shall...

try to remain a human being in every way - by keeping in touch with my own feelings and being sensitive to the feelings of others.

With stories and insights,
Rabbi Twerski's new book Twerski on Machzor makes Rosh Hashanah prayers more meaningful. Click here to order...